61G4-17.001. Normal Penalty Ranges

(1) The following guidelines shall be used in disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this chapter.

	PENALTY RANGE
VIOLATION	MINIMUM	MAXIMUM
(a) Section 489.129(1)(a), F.S. Obtaining license through fraud or misrepresentation. If misrepresentation   If fraud	$5,000 fine and probation or suspension. $5,000 fine and probation or suspension.	$10,000 fine and revocation.   $10,000 fine and revocation.
(b) Sections 489.129(1)(b), 455.227(1)(c), F.S. Convicted or found guilty of a crime relating to contracting.	$3,500 fine or probation or suspension.	$10,000 fine and probation, suspension or revocation.
(c) Section 489.129(1)(c), F.S.: Violating any part of Chapter 455, F.S. 1. Section 455.227(1)(a), F.S.: Fraud, deceit, misleading, or untrue representations.	$5,000 fine and probation or suspension.	$10,000 fine and probation, suspension or revocation.
2. Section 455.227(1)(r), F.S.: Improperly interfering with an investigation or disciplinary action.	$5,000 fine or probation or suspension.	$10,000 fine and probation, suspension or revocation.
(d) Section 489.129(1)(d), F.S.: Assisting unlicensed person to evade provision of Chapter 489, F.S.	$5,000 fine and probation or suspension.	$10,000 fine and probation, suspension or revocation.
(e) Section 489.129(1)(e), F.S.: Combining and conspiring with unlicensed person or entity to evade provision of Chapter 489, F.S.	$5,000 fine and probation or suspension.	$10,000 fine and probation, suspension or revocation.
(f) Sections 489.129(1)(f), 489.119(2), F.S.: Acting under a name not on license. FIRST OFFENSE   SECOND OFFENSE	$1,500 fine.   $2,500 fine.	$5,000 fine and probation or suspension. $5,000 fine and suspension or revocation.
(g) Section 489.129(1)(g), F.S.: Mismanagement or misconduct causing financial harm to the customer. FIRST OFFENSE   REPEAT OFFENSE	$1,500 fine or probation or suspension. $2,500 fine and probation or suspension.	$5,000 fine and probation or suspension. $10,000 fine and revocation.
(h) Section 489.129(1)(h), F.S.: Local disciplinary action.	Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;	Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;
(i) Section 489.129(1)(i), F.S.: Failing in any material respect to comply with the provisions of Part I of Chapter 489, F.S.	Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;	Use penalty herein listed for the violation most closely resembling the act underlying the local discipline;
1. Section 489.1195(2)(e), F.S.: Failure to supervise construction activities. FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine and probation or suspension. $5,000 fine and probation or suspension.	$5,000 fine and probation or suspension. $10,000 fine and revocation.
2. Sections 489.113, 489.117, F.S.: Contracting beyond scope of practice allowed by license, no safety hazard.   FIRST OFFENSE   REPEAT OFFENSE	$1,000 fine or probation or suspension. $5,000 fine and probation or suspension.	$3,000 fine and probation or suspension. $10,000 fine and revocation.
3. Sections 489.113, 489.117, F.S.: Contracting beyond scope of license, safety hazard is created. FIRST OFFENSE   REPEAT OFFENSE	$4,000 fine and probation or suspension. $5,000 fine and probation or suspension.	$8,000 fine and probation, suspension or revocation. $10,000 fine and revocation.
4. Section 489.1425, F.S.: Failure to notify residential property owner of recovery fund. FIRST OFFENSE REPEAT OFFENSE	$250 fine. $1,000 fine.	$500 fine. $1,000 fine.
5. Section 489.116, F.S.: Contracting with a delinquent license. FIRST OFFENSE           REPEAT OFFENSE	$1,500 fine, respondent must pay all fees and costs required to place license in current and active status, or probation or suspension.   $2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.	$2,500 fine, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.     $5,000 fine and suspension or revocation, respondent must pay all fees and costs required to place license in current and active status, and probation or suspension.
6. Section 489.116, F.S.: Contracting with an inactive license.	$5,000 fine and probation or suspension.	$10,000 fine and revocation.
7. Section 489.117, F.S.: Contracting in a city or county where the contractor is not licensed. First violation, where the jurisdiction is not adjacent to one where contractor is properly licensed, or practice outside the geographical scope of the license was willful.	$1,000 fine or probation or suspension.	$2,500 fine and probation or suspension.
8. Section 489.119, F.S.: Failure to qualify a business organization. FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine.   $5,000 fine.	$5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.
9. Section 489.119(5)(b), F.S.: License number not appearing in advertisement. FIRST OFFENSE REPEAT OFFENSE	$250 fine. $500 fine.	$1,000 fine. $2,500 fine and probation.
10. Section 489.124, F.S.: Failure to keep business and financial records as required.	$1,000 fine.	$5,000 fine and revocation.
11. Section 489.126(2), F.S.: Failure to apply for all necessary permits within 30 days of entering contract or failure to start within 90 days after issuance of all necessary permits when the contractor receives an initial payment of more than 10 percent of the contract price for repair, restoration, improvement or construction to residential real property.   FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine or probation or suspension. $5,000 fine and probation or suspension.	$5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.
(j) Section 489.129(1)(j), F.S.: Abandonment.   FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine and probation or suspension. $5,000 fine and probation or suspension.	$7,500 fine and probation or suspension. $10,000 fine and revocation.
(k) Section 489.129(1)(k), F.S.: False payment statements, false statement of insurance coverage.
1. False payment statement. FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine.   $5,000 fine and/or probation or suspension.	$7,500 fine and probation or suspension. $10,000 fine and revocation.
2. False statement of insurance coverage. FIRST OFFENSE   REPEAT OFFENSE	$1,000 fine and probation or suspension. $5,000 fine and probation or suspension.	$5,000 fine and probation or suspension. $10,000 fine and probation, suspension or revocation.
(l) Section 489.129(1)(l), F.S.: Committing fraud or deceit in the practice of contracting.
1. Causing no monetary or other harm to licensee’s customer.	$2,500 fine and probation or suspension.	$10,000 fine and revocation.
2. Causing monetary or other harm to licensee’s customer.	$5,000 fine and probation or suspension.	$10,000 fine and revocation.
(m) Section 489.129(1)(m), F.S.; Misconduct or incompetency in the practice of contracting, shall include, but is not limited to: 1. Failure to honor a warranty. FIRST OFFENSE   REPEAT OFFENSE	$1,000 fine or probation or suspension. $2,500 fine and probation or suspension.	$5,000 fine and probation or suspension. $10,000 fine and revocation.
2. Violation of any provision of Title 61G4, F.A.C., or Chapter 489, Part I, F.S. FIRST OFFENSE   REPEAT OFFENSE	$1,000 fine or probation or suspension. $5,000 fine and probation or suspension.	$2,500 fine and probation or suspension. $10,000 fine and suspension or revocation.
3. Failure to abide by the terms of a mediation agreement or another offense under this part. FIRST OFFENSE REPEAT OFFENSE	$2,500 fine. $5,000 fine and probation or suspension.	$5,000 fine and probation. $10,000 fine and suspension or revocation.
(n) Section 489.129(1)(n), F.S.: Committing gross negligence, repeated negligence, or negligence resulting in a significant danger to life or property. FIRST OFFENSE REPEAT OFFENSE	$3,000 fine and probation or suspension. $10,000 fine and suspension.	$10,000 fine and probation, suspension or revocation. $10,000 fine and revocation.
(o) Section 489.129(1)(o), F.S.: Proceeding on any job without obtaining applicable local building department permits and/or inspections.
1. Late permits. Contractor pulls permit after starting job but prior to completion of same and does not miss any inspections.	$250 fine.	$3,000 fine and probation.
2. Failure to obtain inspections. FIRST OFFENSE   REPEAT OFFENSE	$500 fine.   $2,500 fine and probation or suspension.	$2,500 fine and probation or suspension. $5,000 fine revocation.
3. Job finished without a permit having been pulled, or no permit until caught after job, or late permit during the job resulting in missed inspection or inspections. FIRST OFFENSE REPEAT OFFENSE	$1,000 fine. $5,000 fine.	$5,000 fine and probation. $10,000 fine and suspension or revocation.
(p) Section 489.129(1)(p), F.S.: Intimidating, threatening, coercing, or otherwise discouraging the service of a notice to owner under Part I of Chapter 713, F.S., or a notice to contractor under Chapter 255 or Part I of Chapter 713, F.S. FIRST OFFENSE   REPEAT OFFENSE	$2,500 fine and probation or suspension. $5,000 fine and probation or suspension.	$5,000 fine and suspension or revocation. $10,000 fine and revocation.
(q) Section 489.129(1)(q), F.S.: Failure to satisfy a civil judgment obtained against the licensee or the business organization qualified by the licensee within a reasonable time. For purposes of this section “reasonable time” means sixty (60) days following the entry of a civil judgment that is not appealed. The Board will consider a mutually agreed upon payment plan as satisfaction of such judgment, so long as the payments are current. FIRST OFFENSE     REPEAT OFFENSE	$500 fine or proof of satisfaction of civil Judgment. $5,000 fine or proof of satisfaction of civil judgment.	$5,000 fine or proof of satisfaction of civil Judgment. $10,000 fine or proof of satisfaction of civil judgment, and suspension or revocation.

(2) In instances where the nature of the charges or the facts of the case indicate that the respondent lacks understanding of the laws and rules regulating the construction industry, the board shall require continuing education hours as an additional penalty to the guidelines listed above. All continuing education hours assessed as part of a penalty shall be in excess of the credit hours required for biennial renewal as stated in this act and rules.

(3) For purposes of these guidelines, violations for which the Respondent has previously been issued a citation pursuant to Section 455.224, F.S. and Rule 61G4-19.001, F.A.C., shall be considered repeat violations.

(4) In addition, the board shall assess the costs of investigation and prosecution, excluding costs related to attorney time.

(5) In addition, the board shall order the contractor to make restitution in the amount of financial loss suffered by the consumer to the extent that such order does not contravene federal bankruptcy law.

(6) The absence of any violation from this chapter shall be viewed as an oversight, and shall not be construed as an indication that no penalty is to be assessed. The guideline penalty for the offense most closely resembling the omitted violation shall apply.

Rulemaking Authority 455.227, 489.108, 489.129 FS. Law Implemented 455.227, 455.2273, 489.129 FS. History–New 10-26-86, Amended 12-21-92, Formerly 21E-17.001, Amended 11-2-93, 10-12-94, 7-2-95, 9-3-96, 10-31-96, 2-4-98, 8-2-98, 2-2-04, 1-24-05, 11-2-06, 2-3-15, 5-24-15.